HomeMy WebLinkAboutresolution.apz.007-2013 RECEPTION#: 598070, 03/28/2013 at
09:21:16 AM,
1 of 3, R $21.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION No. 7
(SERIES OF 2013)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY
OF ASPEN, DENYING A PLANNED UNIT DEVELOPMENT—OTHER AMENDMENT
FOR THE PROPERTY LOCATED AT 101 FOUNDERS PLACE,AKA OBERMEYER
PLACE, UNIT 202, CITY AND TOWNSITE OF ASPEN.
Parcel Identification Number: 2737-073-05-009
WHEREAS, Anthony and M. Deborah Clancy submitted a request for Planned Unit
Development(PUD) Other Amendment to the Planning and Zoning Commission; and
WHEREAS, the property is located in the Service Commercial Industrial (SCI) zone
district with PUD overlay; and
WHEREAS, the Planned Unit Development approval for the Property was originally
approved by the Aspen City Council via Ordinance No. 18 Series of 2003, and the Obermeyer
Place Plat is recorded in the records of the Clerk and Recorder for Pitkin County at Plat Book 69,
Page 44, Reception No. 498396; and
WHEREAS, an amendment to the Obermeyer PUD was approved through Resolution
10, Series of 2012, which included the construction and continuation of a privacy fence along the
western edge of the property line, and the erection of a 30" tall privacy screen, limited to a
portion of the western edge of the balcony's concrete wall at Unit 202; and
WHEREAS, upon initial review of the application and the applicable code standards, the
Community Development Department recommended denial of the PUD Amendment; and
WHEREAS, during a regular meeting on March 5, 2013, the Planning and Zoning
Commission opened a duly noticed public hearing to consider the project; and
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered
the development proposal under the applicable provisions of the Municipal Code as identified
herein; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the development
proposal fails to meet all applicable development standards, and denies the application by a vote
of5to2.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND
ZONING COMMISSION AS FOLLOWS:
1
Section 1
The Planning and Zoning Commission has made a motion to deny the request for a PUD
amendment to allow the addition of a privacy screen for Unit 202, aka Obermeyer Place
Condominium Unit 202, as depicted in Exhibit A to this Resolution, by a vote of 5 to 2.
Section 2•
This resolution shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 3•
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
DENIED BY the Planning and Zoning Commission of the City of Aspen on is 5th day of March,
2013.
c
A PROVED AS TO FORM: LJ Erspa er, Chairman
/
Deb Quinn,Assistant City Attorney
ATTEST:
i
Mckie Lothian,Deputy City Clerk
Attachment:
Resolution Exhibit A - Site Plan
2
Resolution Exhibit A
Site Plan
ng Existing Patio
Green = Privacy screen denied as per this resolution